Menendez ORGANIZATION bill analysis 5/7/2011 (CSHB 748 by Hartnett) Criminal Jurisprudence committee substitute recommended

Similar documents
NC General Statutes - Chapter 15A Article 56 1

R. Allen, Zedler ORGANIZATION bill analysis 5/10/2005 (CSHB 1921 by R. Allen) Civil commitment of murderers whose crimes are sexually motivated

First Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCED. Bill Summary

TEXAS COMMISSION ON JAIL STANDARDS

DEFENDANTS WITH MENTAL ILLNESS INCOMPETENCY TO STAND TRIAL AND THE INSANITY DEFENSE

REVISOR XX/BR

ARIZONA STATE SENATE Fifty-Third Legislature, First Regular Session

Assembly Bill No. 25 Committee on Corrections, Parole, and Probation

As Introduced. 132nd General Assembly Regular Session H. B. No

Corrections favorable, without amendment. 6 ayes Madden, Allen, Cain, Perry, White, Workman. 3 absent Hunter, Marquez, Parker

Laws Relating to Mental Health

Hancock, et al. ORGANIZATION bill analysis 8/9/2017 (Goldman) Modifying processes and penalties related to voting by mail

MISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING

R. Allen ORGANIZATION bill analysis 5/10/2005 (CSHB 867 by Keel) Reorganizing and revising sex offender registration laws

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. Senate Bill 64

AN ACT. Be it enacted by the General Assembly of the State of Ohio:

ALABAMA VICTIMS RIGHTS LAWS1

Florida Senate SB 170 By Senator Lynn

LITIGATING JUVENILE TRANSFER AND CERTIFICATION CASES IN THE JUVENILE AND CIRCUIT COURTS

CAUSE NUMBER 00 THE STATE OF TEXAS IN THE COUNTY CRIMINAL V. COURT AT LAW NUMBER 00 DEFENDANT OF HARRIS COUNTY, TEXAS

Firearms - Deferred Adjudication

IN THE MUNICIPAL COURT CUYAHOGA COUNTY, OHIO ) CASE NO. Defendant hereby ordered to have psychiatric evaluation with Dr. on at as follows (check one):

Bills On the Move Highlighted in GREEN

CALIFORNIA JUVENILE COURT PROCESS FOR DELINQUENCY CASES

JUDICIARY AND JUDICIAL PROCEDURE (42 PA.C.S.) AND LAW AND JUSTICE (44 PA.C.S.) - OMNIBUS AMENDMENTS 25, 2008, P.L.

SENATE BILL NO. 33 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - FIRST SESSION A BILL FOR AN ACT ENTITLED

CAUSE NO. IN THE MATTER OF IN THE DISTRICT COURT BEXAR COUNTY, TEXAS APPLICATION FOR SEALING FILES AND RECORDS

Sentencing, Corrections, Prisons, and Jails

PUBLIC CHAPTER NO. 902 HOUSE BILL NO Substituted for: Senate Bill No By Senators Norris, Overbey, Burks, Yager

Options of court at dispositional hearing. If in its decree the juvenile court finds that the child comes within the purview of this chapter,

HOUSE BILL NO. HB0094. Sponsored by: Joint Judiciary Interim Committee A BILL. for. AN ACT relating to criminal justice; amending provisions

Revising laws on human trafficking, prostitution, and related crimes. State Affairs favorable, without amendment

Hinojosa ORGANIZATION bill analysis 5/4/2001 (CSHB 2351 by Hinojosa)

Telford ORGANIZATION bill analysis 4/30/96 (CSHB 1856 by Oakley) Public Safety committee substitute recommended

OFFICE OF COURT ADMINISTRATION TEXAS JUDICIAL COUNCIL

Conditions of probation; evaluation and treatment; fees; effect of failure to abide by conditions; modification.

AN ACT RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; INCREASING THE PENALTY FOR HOMICIDE BY

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 H 2 HOUSE BILL 725 Committee Substitute Favorable 6/12/13

COMPETENCY, ETHICS, AND MORALITY

County of Santa Clara Office of the District Attorney

FORENSIC MENTAL HEALTH LEGAL ISSUES (IST)

HOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR

I ve Been Charged With an Offence: What Now?

PRETRIAL SERVICES. Why Sheriffs Should Champion Pretrial Services

Assembly Bill No. 510 Select Committee on Corrections, Parole, and Probation

ELIGIBILITY AND INSTRUCTIONS FOR SEALING OF CRIMINAL RECORDS Based upon Ohio Revised Code

Changes to the Laws Regarding Intoxication Offenses

NO TALLAHASSEE, September 11, Mental Health/Substance Abuse

PART C IMPRISONMENT. If the applicable guideline range is in Zone B of the Sentencing Table, the minimum term may be satisfied by

Summit County Pre Trial Services

SECTION 1 LAW ENFORCEMENT EMERGENCY SERVICES AND

Vaught, et al. ORGANIZATION bill analysis 4/27/2009 (CSHB 2932 by Frost) Recording DNA tests for prior felonies in criminal history files

ENGROSSED HOUSE BILL State of Washington 62nd Legislature 2011 Regular Session

DESCHUTES COUNTY ADULT JAIL L. Shane Nelson, Sheriff Jail Operations Approved by: March 10, 2016 TIME COMPUTATION

TRUANCY REFORM & SCHOOL ATTENDANCE HB 2398

A CITIZEN S GUIDE TO STRUCTURED SENTENCING

Sealing Criminal Records for Convictions, Acquittals, & Dismissals. Expungements in Ohio

VICTIM IMPACT STATEMENT RECOMMENDED PROCESSING PROCEDURES

Sealing Criminal Records for Convictions, Acquittals, & Dismissals. Expungements in Ohio

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE August 14, 2001 Session

(d) "Incarceration" and "confinement" do not include electronic home monitoring.

Referred to Committee on Judiciary. SUMMARY Provides for the issuance of certain orders for protection. (BDR 3-839)

Court of Appeals of Ohio

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Senate Bill 66

2014 Kansas Statutes

TITLE 3 MUNICIPAL COURT CHAPTER 1 1 TOWN COURT ADMINISTRATION 2

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 399. Short Title: Young Offenders Rehabilitation Act. (Public)

Criminal Records and Expungement. Rhode Island Public Defender

Department of Legislative Services Maryland General Assembly 2004 Session

Hello! I am Artin DerOhanian

Juvenile Scripts SCRIPT FOR DETENTION HEARING...2 SCRIPT FOR AN ADJUDICATION HEARING IN WHICH THE RESPONDENT PLEADS TRUE...7

LEGISLATIVE COMMITTEE AGENDA

Texas Justice Court Judges Association Professional Development

CSO CERTIFICATION. Legal Liabilities: Relevant Citations. Texas Department of Criminal Justice Community Justice Assistance Division

APPENDIX F INSTRUCTIONS

Promoting Second Chances: HR and Criminal Records

Supreme Court of Florida

Referred to Committee on Judiciary. SUMMARY Provides for the issuance of orders of protection relating to high-risk behavior.

Emergency Detention Orders and Art Mental Assessments

- 79th Session (2017) Assembly Bill No. 440 Assemblyman Yeager

IDAHO CODE TITLE 18 CHAPTER 2 MENTAL CONDITION OF A DEFENDANT

IC Chapter 6. Release From Imprisonment and Credit Time

Sentencing Act Examinable excerpts of PART 1 PRELIMINARY. 1 Purposes

Frequently Asked Questions: Sentencing Guidelines (6 th Edition & 6 th Edition, Revised) and General Sentencing Issues

POLICY AND OPERATING PROCEDURE

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT. Blankenship, : : (REGULAR CALENDAR) D E C I S I O N. Rendered on March 31, 2011

As Introduced. 132nd General Assembly Regular Session S. B. No

Age Limits in the Juvenile Justice System, Criminal Violations, Delinquent Conduct and Conduct Indicating a Need for Supervision

Effective Dates For most provisions: June 8, 2011 Delayed effective dates for some provisions (noted later)

NC General Statutes - Chapter 15A Article 46 1

SENATE BILL NO. 34 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - FIRST SESSION A BILL FOR AN ACT ENTITLED

CHECKLIST FOR PROCESSING JNA. Checklist #1. Citation or complaint filed with court. (Arts , , and , C.C.P.)

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D

Department of Corrections

SENATE BILL No February 14, 2017

An Introduction. to the. Federal Public Defender s Office. for the Districts of. South Dakota and North Dakota

Information Memorandum 98-11*

Legal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A

A male female. JOURNAL ENTRY OF ADJUDICATION AND SENTENCING Pursuant to K.S.A , and

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Transcription:

HOUSE HB 748 RESEARCH Menendez ORGANIZATION bill analysis 5/7/2011 (CSHB 748 by Hartnett) SUBJECT: COMMITTEE: VOTE: Time credits for certain confinements for incompetent defendants Criminal Jurisprudence committee substitute recommended 9 ayes Gallego, Hartnett, Aliseda, Burkett, Carter, Christian, Y. Davis, Rodriguez, Zedler 0 nays WITNESSES: For Kym Bolado, NAMI - San Antonio, Oscar Kazen, Bexar County; John Smith, Center for Health Care Service; Sally Taylor, University Health System (Registered, but did not testify: Denise Baldarrama; Steven Been; Terri Been; Mark Carmona; Alison Dieter; Roger Dovalina (Bexar County Sheriff's Office; Thomas Guevara, Bexar County Commissioners Court; Keith Hampton, Harold Oliver, Robin Peyson, National Alliance on Mental Illness - Texas; Susan Milam, National Association of Social Workers/Texas Chapter; Beth Mitchell, Disability Rights TX; Morris Munoz, Bexar County Sheriff's Office; Andrew Smith, University Health System; Lupe Torres) Against None On (Registered, but did not testify: Chris Lopez, Department of State Health Services) BACKGROUND: Code of Criminal Procedure, ch. 46B establishes procedures and standards for determining if a criminal defendant is competent to stand trial. People are considered incompetent to stand trial if they do not have sufficient present ability to consult with their lawyers with a reasonable degree of rational understanding or with a rational and factual understanding of the proceedings against them. Time credits. Under Code of Criminal Procedure 46B.009, a court sentencing a person convicted of a criminal offense must credit to the term of the person s sentence the time the person is confined in a mental health facility, residential care facility, or jail pending an incompetency trial.

page 2 Time credit for time spent in jail between arrest and sentence. Code of Criminal Procedure, art. 42.03 requires that a judge give the defendant credit on the defendant's sentence for the time that the defendant has spent: in jail for the case, other than confinement served as a condition of community supervision, from the time of his arrest and confinement until his sentence by the trial court; or in a substance abuse treatment facility for felony offenders operated by the Texas Department of Criminal Justice, or another courtordered residential program or facility successfully completed as a condition of deferred adjudication community supervision. Maximum term of offense limits time in treatment facility. Code of Criminal Procedure 46B.0095 prohibits an incompetent defendant from spending more time in a state facility commitment or participation in an outpatient treatment program than the maximum term possible for the offense for which the person originally was arrested. If the defendant was charged with a misdemeanor and ordered only to participate in an outpatient treatment program, the maximum period of restoration of competency to stand trial is two years beginning on the date the initial order for outpatient treatment program participation was entered. Pursuant to civil commitment proceedings, a defendant may be civilly confined for an additional period as appropriate. Mandatory dismissal of misdemeanor charges. Code of Criminal Procedure 46B.010 provides that if a court orders a defendant who was charged with a misdemeanor punishable by confinement to be committed or to participate in an outpatient treatment program and the defendant is not tried before the date of expiration of the maximum period of restoration of competence to stand trial, the court, on motion by the prosecutor, shall dismiss the charge. Order for medication and expiration of order. Health and Safety Code sec. 574.106 provides that the court may issue an order authorizing the administration of psychoactive medication to a patient who is in custody awaiting trial in a criminal proceeding and was ordered to receive inpatient mental health services in the six months before a hearing under this section. Health and Safety Code, sec. 574.110(b) provides that the order for medication for a patient awaiting trial expires the date the defendant is acquitted, is convicted, enters a plea of guilty, or the charges are

page 3 dismissed. A continued order for medication must be reviewed by the issuing court every six months. DIGEST: Time credits. By amending Code of Criminal Procedure 46B.009, CSHB 748 would require the court to give credit to the term of a defendant s sentence for confinement in a mental health facility, residential care facility, or jail for any period of confinement pending a determination of competency to stand trial and any period of confinement that occurred between the date of initial determination of the defendant's incompetency and the date the defendant was taken to jail following a final judicial determination that the person has been restored to competency. Time credit for time spent in jail between arrest and sentence. By amending Code of Criminal Procedure, art. 42.03, CSHB 748 also would require a judge to give a convicted defendant credit on the defendant s sentence for the time that the defendant spent in confinement as described above (Code of Criminal Procedure 46B.009). Maximum term of offense limits time in treatment facility. To calculate the maximum period allowed in a treatment facility, the timetable would begin on the date the initial order of commitment or initial order for outpatient treatment program participation was entered and would include any time after the initial order that the defendant was confined in a correctional facility awaiting: transfer to a mental hospital or other inpatient or residential facility; release on bail to participate in an outpatient treatment program; or a criminal trial following any temporary restoration of the defendant's competency to stand trial. The court would be allowed to credit for the calculation on the maximum time allowed any time the defendant was confined in a correctional facility following arrest but before the initial order of commitment or initial order for outpatient treatment program participation was entered and any time for good conduct. On expiration of the maximum restoration period, the treatment provider would be required to assess the defendant to determine if civil proceedings for treatment under the mental health and mental retardation chapters of the Health and Safety Code would be appropriate.

page 4 Mandatory dismissal of misdemeanor charges. CSHB 748 would allow the defendant to make a motion for mandatory dismissal of misdemeanor charges if the defendant was not tried before the expiration of the maximum period of restoration. The court would be required to set the matter for hearing no more than 10 days after the motion was filed, and dismiss the charge on a finding that the defendant was not tried before the expiration of the maximum period of restoration. Order for medication and expiration of order. Instead of requiring a review every six months for a defendant ordered to take psychoactive medication while awaiting trial, CSHB 748 would provide that the order would be in effect until the earlier of the following: the 180th day after the date the defendant was returned to the correctional facility; the date the defendant was acquitted, was convicted, or entered a plea of guilty; or the date charges were dismissed. Effective date. The bill would take effect September 1, 2011, and would apply only to proceedings for a defendant conducted under Code of Criminal Procedure 46B on or after that date and only to psychoactive medication orders issued on or after that date. SUPPORTERS SAY: CSHB 748 would address two important issues related to the time served by defendants incompetent to stand trial. First, CSHB 748 would allow judges to give credit on sentences for time the defendant spent in jail waiting for a determination of incompetency and the time the defendant was confined in a mental health facility or treatment facility after the determination of competency. Second, the bill would address the inequity currently in the law that does not allow the judge to give time credit for when the defendant was waiting for a competency hearing or waiting in jail for a bed to open up at a mental health treatment facility for calculating the maximum time allowed in a treatment facility. The time in the treatment facility cannot exceed the maximum time possible for the offense. For example, consider the person who is unruly and kicks over a flower pot on the Riverwalk, gets arrested, spends two months in jail waiting on a finding of incompetency, then spends two months in jail waiting for a

page 5 treatment facility bed. The person then spends the six months in the mental health facility. In determining the maximum time allowed before a dismissal would be required, the bill would allow the judge to credit the two months the person spent in jail waiting on the finding of incompetency and the two months the person spent in jail waiting for a treatment facility bed. The bill would practically not apply to felony cases because felony sentences are longer and would not bump up against maximum restoration time. The bill would free up treatment beds for the more serious criminals. NOTES: The Senate companion bill, SB 1439 by Van de Putte, was referred to Senate Criminal Justice Committee on March 22.